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BROWNE BROS. CYPEN CORP. v. CARNER BANK OF MIAMI BEACH, FLA.

No. 68 Civ. 1792.

287 F.Supp. 700 (1968)

BROWNE BROTHERS CYPEN CORPORATION, Plaintiff, v. CARNER BANK OF MIAMI BEACH, FLORIDA, Jack Carner, Steven Carner and Robert D. Lang, individually and respectively as Chairman of the Board, President, and First Vice President of said Bank, Defendants.

United States District Court S. D. New York.

August 6, 1968.

Attorney(s) appearing for the Case

Samuel Bierman, New York City, for plaintiff.

McCarthy & Nathanson, New York City, by Isadore Nathanson, New York City, for defendants.

POLLACK, District Judge.

The plaintiff moves to remand this action to the New York State Supreme Court from whence it was removed. The plaintiff claims that the petition was defective in two respects, namely: that on its face it does not purport to be the petition of the proper persons and is not signed by a party or anyone identified as petitioning on behalf of a party; further, that the petition does not explain why all of the named defendants failed to join in...

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